Statute:

Chemical test evidence

ยง 1195. Chemical test evidence. 1. Admissibility. Upon the trial of
any action or proceeding arising out of actions alleged to have been
committed by any person arrested for a violation of any subdivision of
section eleven hundred ninety-two of this article, the court shall admit
evidence of the amount of alcohol or drugs in the defendant's blood as
shown by a test administered pursuant to the provisions of section
eleven hundred ninety-four of this article.

2. Probative value. The following effect shall be given to evidence of
blood-alcohol content, as determined by such tests, of a person arrested
for violation of section eleven hundred ninety-two of this article:

(a) Evidence that there was .05 of one per centum or less by weight of
alcohol in such person's blood shall be prima facie evidence that the
ability of such person to operate a motor vehicle was not impaired by
the consumption of alcohol, and that such person was not in an
intoxicated condition;

(b) Evidence that there was more than .05 of one per centum but less
than .07 of one per centum by weight of alcohol in such person's blood
shall be prima facie evidence that such person was not in an intoxicated
condition, but such evidence shall be relevant evidence, but shall not
be given prima facie effect, in determining whether the ability of such
person to operate a motor vehicle was impaired by the consumption of
alcohol; and

(c) Evidence that there was .07 of one per centum or more but less
than .08 of one per centum by weight of alcohol in such person's blood
shall be prima facie evidence that such person was not in an intoxicated
condition, but such evidence shall be given prima facie effect in
determining whether the ability of such person to operate a motor
vehicle was impaired by the consumption of alcohol.

3. Suppression. A defendant who has been compelled to submit to a
chemical test pursuant to the provisions of subdivision three of section
eleven hundred ninety-four of this article may move for the suppression
of such evidence in accordance with article seven hundred ten of the
criminal procedure law on the grounds that the order was obtained and
the test administered in violation of the provisions of such subdivision
or any other applicable law.

VAT 1195 2014-09-22

Sections:

Article 23 - (1100 - 1105) OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
1100 - Provisions of title refer to vehicles upon highways; exceptions.
1101 - Required obedience to traffic laws.
1102 - Obedience to police officers and flagpersons.
1103 - Public officers and employees to obey title; exceptions.
1104 - Authorized emergency vehicles.
1105 - Traffic laws apply to persons riding animals or driving animal-drawn vehicles.
Article 24 - (1110 - 1117) TRAFFIC SIGNS, SIGNALS AND MARKINGS
Article 25 - (1120 - 1131) DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, ETC.
Article 26 - (1140 - 1146-A) RIGHT OF WAY
VTL 1144-a, the Ambrose-Searle Move Over Act
Article 27 - (1150 - 1157) PEDESTRIANS' RIGHTS AND DUTIES
Article 28 - (1160 - 1166) TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING
Article 29 - (1170 - 1176) SPECIAL STOPS REQUIRED
Article 30 - (1180 - 1182-B) SPEED RESTRICTIONS
1180 - Basic rule and maximum limits.
1180-A - Maximum speed limits.
1180-B - Owner liability for failure of operator to comply with certain posted maximum speed limits.
1181 - Minimum speed regulations.
1182 - Speed contests and races.
Article 31 - (1192 - 1199) ALCOHOL AND DRUG-RELATED OFFENSES AND PROCEDURES APPLICABLE THERETO
1192 - Operating a motor vehicle while under the influence of alcohol or drugs.
1192-A - Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se.
1193 - Sanctions.
1194 - Arrest and testing.
1194-A - Driving after having consumed alcohol; under twenty-one; procedure.
1195 - Chemical test evidence.
1196 - Alcohol and drug rehabilitation program.
1197 - Special traffic options program for driving while intoxicated.
1198 - Installation and operation of ignition interlock devices.
1198-A - Special procedures and disposition involving alcohol and substance abuse assessment and treatment.
1199 - Driver responsibility assessment.
Article 32 - (1200 - 1204) STOPPING, STANDING, AND PARKING
Article 33 - (1210 - 1229-D) MISCELLANEOUS RULES
1212. Reckless driving.
1220-B Unlawful solicitation of ground transportation services at an airport.
1225-c. Use of mobile telephones.
1225-d. Use of portable electronic devices.
Article 34 - (1230 - 1241) OPERATION OF BICYCLES AND PLAY DEVICES
Article 34-A - (1250 - 1253) OPERATION OF MOTORCYCLES
Article 34-B - (1260 - 1265) RIDING HORSES
Article 34-C - (1270 - 1277) OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

Search Decisions with this Statute